Legal Glossary

In civil proceedings, temyiz, the appeal to the Court of Cassation (Yargıtay), is the ordinary legal remedy through which decisions of the regional court of appeal that are open to appeal are reviewed on points of law by the Court of Cassation. The application period is, as a rule, two weeks from the proper notification of the decision. Whether a decision can be appealed is determined by taking into account the type of decision and the thresholds applicable for the relevant year.

Istinaf, the appeal to the regional court of appeal (bölge adliye mahkemesi), is the ordinary legal remedy through which decisions of first-instance civil courts are reviewed by that court as to the facts, the evidence and the law. The period for applying is, as a rule, two weeks from the proper notification of the decision; the type of decision and the monetary thresholds in the law must also be checked separately.

Arbitration is the binding resolution of a dispute by an arbitrator or an arbitral tribunal instead of a state court; it is mostly a route chosen by the parties through an arbitration agreement, while in some special fields the Constitution or a statute makes arbitration mandatory. The Code of Civil Procedure applies to disputes with Türkiye as the seat of arbitration where there is no foreign element, and Law No. 4686 on International Arbitration applies where there is one; Law No. 4686 also applies when chosen by the parties or the arbitrators. Only an action to set aside can be brought against arbitral awards subject to these two statutes.